FDA Deeming Authority Clarification Act of 2017

Congress is Working on Legislation

It is important to call your house and Senate representatives now while they work on new legislation.  A stand-alone bill has been submitted to Congress as HR 1136 that may help keep vapor products subject to the FDA Deeming (defacto ban) stay on the market.  Ask your representative to co-sponsor and support this bill.


  • Don’t settle with talking to an intern, ask to speak to “The Legislative Director who deals with issues related to the FDA.”
  • Bring them up to speed and explain what is going to happen to vaping if the FDA’s deeming regulations are not changed.
  • Tell your story. Tell your representative why the FDA is wrong to regulate vaping the same as tobacco. Explain to them how their regulations are exactly what big tobacco wants in order to kill vaping as an alternative to smoking. Open their eyes to the realities of nicotine addiction and oral fixation that vaping solves. Show them the truth that ejuice, and electronic cigearette smoking is not the same tobacco product they are used to.
  • If you own a vape shop, or any kind of local ejuice business, then call the local district office as well as the DC office and explain to the staff how this regulation will destroy jobs and contribute to increased tobacco smoking in the Congressman’s district. You may even have a chance to invite the congressional staff to tour your business and lean the truth about vaping.  This is considered “field work” for a staffer and much more attractive than sitting in the office all summer.

Locate your Senators and Representative

ex: 1600 Pennsylvania Ave, Washington, DC 20500

Talking Points:

  • Please support the agriculture appropriations bill that includes the Cole Bishop Amendment.
  • Legislation is needed that recognizes electronic smoking is:
    • Not the same as tobacco
    • A potential public safety asset for reducing the harm of cigarettes and other combustible tobacco products.
    • An innovative new thing that is neither a food, nor a drug.